We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Has my landlord crossed the line?
Michasm
Posts: 27 Forumite
I have recently moved out of a property after providing the correct notice.I have left owing almost two months rent.I say almost because although promised a long let for me and my family,my landlord decided to sell after 6 months when the TA ended.We went onto a monthly verbal agreement and the landlord said as a gesture of goodwill he would knock off two weeks rent from the final month.We ended up staying an extra 6 months and then i was able to buy a house.unfortunately my first mortgage payment went out earlier than expected hence i was unable to pay a months rent and the Landlord has reneged on his agreement to reduce the rent stating he only said he would do that if the house sold which is bull*.
The Estate agent came as we were moving out and said that the deposit would be retained due to damage to the property and that the landlord would also take me to court for the full 2 months rent.Her attitude peeved me so i left the house, provided an address for future contact and i knew the landlord had my phone number.I fully intended to offer the landlord repayment in two instalments less the 2 weeks he had promised me but let him keep the deposit unchallenged.I waited for him to contact me.He has since sent a letter of complaint to my employers informing them of my rent arrears and included photos of the so called damage which in my opinion is fair wear and tear when you consider 3 and 6 year old children were living there.I am in a responsible position at work and this has caused me embarrassment,Harassment and distress.I was wondering if this would constitute an offence of harassment even though i had already left the property?This is a civil dispute and nothing to do with my job or employers.I fully intended to pay him the rent but his first point of contact was straight to my employers without even attempting to call me.I now feel like letting him take me to court and presenting the above evidence to the Judge.I fully believe he was trying to get me fired from my job.What action should i take and what if any right did he have to go to my employers and reveal my private financial affairs??
The Estate agent came as we were moving out and said that the deposit would be retained due to damage to the property and that the landlord would also take me to court for the full 2 months rent.Her attitude peeved me so i left the house, provided an address for future contact and i knew the landlord had my phone number.I fully intended to offer the landlord repayment in two instalments less the 2 weeks he had promised me but let him keep the deposit unchallenged.I waited for him to contact me.He has since sent a letter of complaint to my employers informing them of my rent arrears and included photos of the so called damage which in my opinion is fair wear and tear when you consider 3 and 6 year old children were living there.I am in a responsible position at work and this has caused me embarrassment,Harassment and distress.I was wondering if this would constitute an offence of harassment even though i had already left the property?This is a civil dispute and nothing to do with my job or employers.I fully intended to pay him the rent but his first point of contact was straight to my employers without even attempting to call me.I now feel like letting him take me to court and presenting the above evidence to the Judge.I fully believe he was trying to get me fired from my job.What action should i take and what if any right did he have to go to my employers and reveal my private financial affairs??
0
Comments
-
If this were me, I'd go to the police.
Harrassment demands a "course of conduct", which has to be more than one action (two can be a course of conduct, one can't).
But it could also be seen as demanding money by menaces.
If this were me, I'd be taking the letter etc, going to the police, saying it seemed to me like demanding money with menances, and if they won't go for that, ask them to warn him about harrassment....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
I think he has breached the data protection act here.
This is definately out of order and I think you could try and use his actions to negotiate a settlement - i.e. you call it quits - he keeps the deposit, you don't pay any outstanding rent and no further action is taken.
On the other hand have his actions left you out of pocket, a smaller payrise / bonus, less responsibility at work, missing out on promotion? If any of these have occured due to his actions you could probably counter sue for damages0 -
This may sound horribly old-fashioned to some, but it does sound as if neither side has acted honourably here.I don't agree with what your LL/LA has done but:
You reneged on the terms of your tenancy agreement, by not paying 1 month’s rent when it was due because you had other bills, ie your new mortgage, to pay?
Did you discuss this financial difficulty with the LL in advance? (The due dates for mortgage payments are always notified to you by the mortgagor beforehand)
The LL too will have bills to pay and I have to say that I can see that you doing this would make a LL not want to give you any “goodwill” reduction, as s/he probably felt that the good will was effectively wiped out by you not paying your rent.
Can you clarify: you say that you owe almost 2 months’ rent, or 6 weeks allowing for that promised “goodwill” reduction, and the LA/LL says that you owe two months’ rent, yet you say that you didn’t pay 1 month’s rent?
Did you miss another month’s payment too?
Why did you think it was okay to leave owing money and wait for the LL to contact you to find out your intentions?
Your LL/LA has to give you written notice of any deductions that they want to make from your deposit for damage, and you have the right to challenge them if you think you have grounds to do so. A LL may only ask you to return a property in the same state it was at the start of the tenancy, fair wear & tear excepted.
Were the deductions notified to you in writing?
Was there an inventory done at the start of the tenancy?
Was your deposit scheme-registered within 14 days of you paying it to the LA/LL?
What sort of damage are you talking about - you say it is FW & T , considering you have children, but can you expand?
On the issue of them sending this info to your employer, I agree with what neverdespairgirl says, in that no-one can effectively menace or harrass you to get debts repaid, but was your employer involved in any way by say providing a personal reference to the LA/LL for your tenancy to be able to proceed?
I am not condoning what your LA/LL has done but without additional info this seems one of those classic cases that has arisen because there was to be a total lack of respect and proper communication between both Tenant & LL.0 -
-
Did your employers provide any form of reference when you moved in to the property?
If so, it's probably fair comment that the landlord advises them something along the lines of you leaving with 2 moths rent owing and having made no attempt to advise them as to when they can expect payment.
Also, the criteria fro 'fair wear and tear' is that of an objective person, not what either the landlord or yourself think. The fact that children were living in the house does not give a different standard compared with a house in which no children were living.I can spell - but I can't type0 -
I agree with tbs624 on this.
I think you need to take a lot of responsibility here. None of this embarrassment, harrassment and distress you talk about would have happened if you had honoured your rental agreement.
This does not excuse the subsequent actions of the landlord in any way.
I'm also a bit confused about how you say that there was fair wear and tear on the property but that you intended to let the LL keep the deposit unchallenged. Why would you do that if the damage was only fair wear and tear?
As for just allowing the LL to take you to court for unpaid rent, I fail to see how that will improve your standing with your employers.0 -
of the so called damage which in my opinion is fair wear and tear when you consider 3 and 6 year old children were living there.
I don't agree, fair wear and tear has nothing to do with the fact that 1 or 10 kids are living there or you have 6 dogs, 2 rabbits etc...I am in a responsible position at work and this has caused me embarrassment,Harassment and distress.
you mean at work, or harrassment from the LL?
if at work what the hell do you want to work in a place like that!
I agree though this has nothing to do with your employer.
an employer reference is only to confirm that ou have a job and a salary.
If you believe there are no damaged in the property other than faire wear and tear (really!) then get your deposit back!
of coure it might be easier to get it back if you hve a valid claim against him re. the work issue.
You owe the rent, you should not have waited for him to contact you - make arragement for payment IMO.0 -
Oh come on people NOTHING excuses a landlord going to your employer. We have a civil legal system in this country by which anyone can pursue their claims in a legitimate manner.
The rights and wrongs of this situation should have been discussed and sorted in private, if the landlord suffered a loss then the landlord should have gone through the approrpiate channels and not taken the law into his/her own hands. It isn't as if this was a long drawn out case of frustration after years of failing attempts to contact the OP, etc, etc.
IMO the landlord could leave himself open to a charge of slander/defamation of character by persuing this course of action.If anything I say starts to make sense, PANIC!0 -
arealbasketcase wrote: »IMO the landlord could leave himself open to a charge of slander/defamation of character by persuing this course of action.
But the landlord has only told the truth to the employer, surely? That damage was done (he included photographic evidence of this) and that the OP has rent arrears?
The OP is not contesting the truth of the LL's claims.0 -
arealbasketcase wrote: »Oh come on people NOTHING excuses a landlord going to your employer. We have a civil legal system in this country by which anyone can pursue their claims in a legitimate manner.
.
Nothing? If the employer had given a guarantee? If the employer had made a representation on which the landlord relied?
WE've heard one side of the facts here, and a lot of emotion.I can spell - but I can't type0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.3K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.4K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards